S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3870

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M. of A. TEDISCO, P. LOPEZ, MALLIOTAKIS -- read once and
  referred to the Committee on Ways and Means

AN ACT to amend the tax law, in relation to establishing the retail  gas
  station electric generator tax credit

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 210 of the tax law  is  amended  by  adding  a  new
subdivision 46 to read as follows:
  46. RETAIL GAS STATION ELECTRIC GENERATOR TAX CREDIT. (A) ALLOWANCE OF
CREDIT.  A TAXPAYER WHO IS ENGAGED IN THE BUSINESS OF SELLING MOTOR FUEL
OR DIESEL MOTOR FUEL AT RETAIL SHALL BE ALLOWED A CREDIT, TO BE COMPUTED
AS PROVIDED IN PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  AGAINST  THE  TAX
IMPOSED BY THIS ARTICLE FOR THE PURCHASE AND INSTALLATION OF AN EMERGEN-
CY  ELECTRIC  GENERATOR  THAT IS CAPABLE OF PROVIDING EMERGENCY POWER TO
FUEL PUMPS AT A FILLING STATION OWNED BY THE TAXPAYER THAT IS LOCATED IN
THIS STATE. A TAXPAYER MAY CLAIM CREDIT PURSUANT TO THIS SUBDIVISION FOR
EACH EMERGENCY ELECTRIC GENERATOR INSTALLED AT A FILLING  STATION  OWNED
BY  THE  TAXPAYER THAT IS LOCATED IN THIS STATE; PROVIDED, HOWEVER, THAT
THE TAXPAYER SHALL NOT CLAIM MORE THAN ONE CREDIT FOR  ANY  ONE  FILLING
STATION.
  (B) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING DEFI-
NITIONS SHALL APPLY:
  (1) "AT RETAIL" SHALL MEAN A FILLING STATION WHERE SUCH FUEL IS STORED
PRIMARILY  FOR  SALE  BY  DELIVERY  DIRECTLY INTO THE ORDINARY FUEL TANK
CONNECTED WITH THE ENGINE OF A MOTOR VEHICLE TO BE CONSUMED IN THE OPER-
ATION OF SUCH MOTOR VEHICLE OR WHERE SUCH FUEL IS STORED  PRIMARILY  FOR
SALE BY DELIVERY DIRECTLY INTO THE ORDINARY FUEL TANK CONNECTED WITH THE
ENGINE OF A VESSEL TO BE CONSUMED IN THE OPERATION OF SUCH VESSEL.
  (2)  "DIESEL MOTOR FUEL" SHALL HAVE THE SAME MEANING AS THE TERM HIGH-
WAY DIESEL MOTOR FUEL AS DEFINED IN SECTION TWO  HUNDRED  EIGHTY-TWO  OF
THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07749-01-3
              

A. 3870                             2

  (3)  "FILLING STATION" SHALL MEAN ANY PREMISES WHEREON THE RETAIL SALE
OF MOTOR FUELS IS CONDUCTED AS THE PRINCIPAL BUSINESS.
  (4) "MOTOR FUEL" SHALL HAVE THE SAME MEANING AS IN SECTION TWO HUNDRED
EIGHTY-TWO OF THIS CHAPTER.
  (C)  AMOUNT  OF  CREDIT.  THE AMOUNT OF CREDIT SHALL EQUAL THE COST TO
PURCHASE AND INSTALL  AN  EMERGENCY  ELECTRIC  GENERATOR  AT  A  FILLING
STATION  LOCATED  IN  THIS  STATE  LESS ANY AMOUNTS FOR SUCH PURCHASE OR
INSTALLATION THAT WERE DEDUCTED BY THE TAXPAYER FOR FEDERAL PURPOSES, OR
FIFTEEN THOUSAND DOLLARS, WHICHEVER IS LESSER.
  (D) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
FOR  ANY  TAXABLE YEAR WILL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND  (D)  OF
SUBDIVISION  ONE  OF  THIS  SECTION.  HOWEVER,  IF  THE AMOUNT OF CREDIT
ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE  TAX  TO
SUCH  AMOUNT,  ANY  AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE
YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX  OF
THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE PROVISIONS OF SUBSECTION (C) OF
SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS  CHAPTER  NOTWITHSTANDING,  NO
INTEREST WILL BE PAID THEREON.
  S  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a  new  clause  (xxxv)  to  read  as
follows:
(XXXV) RETAIL GAS STATION ELECTRIC   AMOUNT OF CREDIT UNDER
GENERATOR TAX CREDIT UNDER           SUBDIVISION FORTY-SIX OF SECTION
SUBSECTION (VV)                      TWO HUNDRED TEN OF THIS CHAPTER
  S  3. Section 606 of the tax law is amended by adding a new subsection
(vv) to read as follows:
  (VV) RETAIL GAS STATION ELECTRIC GENERATOR TAX CREDIT.  (1)  ALLOWANCE
OF  CREDIT.  A  TAXPAYER WHO IS ENGAGED IN THE BUSINESS OF SELLING MOTOR
FUEL OR DIESEL MOTOR FUEL AT RETAIL SHALL BE ALLOWED  A  CREDIT,  TO  BE
COMPUTED  AS  PROVIDED  IN PARAGRAPH (3) OF THIS SUBSECTION, AGAINST THE
TAX IMPOSED BY THIS ARTICLE FOR THE  PURCHASE  AND  INSTALLATION  OF  AN
EMERGENCY  ELECTRIC  GENERATOR  THAT  IS  CAPABLE OF PROVIDING EMERGENCY
POWER TO FUEL PUMPS AT A FILLING STATION OWNED BY THE TAXPAYER  THAT  IS
LOCATED  IN  THIS  STATE.  A  TAXPAYER MAY CLAIM CREDIT PURSUANT TO THIS
SUBDIVISION FOR EACH EMERGENCY ELECTRIC GENERATOR INSTALLED AT A FILLING
STATION OWNED BY THE TAXPAYER THAT IS LOCATED IN THIS  STATE;  PROVIDED,
HOWEVER,  THAT THE TAXPAYER SHALL NOT CLAIM MORE THAN ONE CREDIT FOR ANY
ONE FILLING STATION.
  (2) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING DEFI-
NITIONS SHALL APPLY:
  (A) "AT RETAIL" SHALL MEAN A FILLING STATION WHERE SUCH FUEL IS STORED
PRIMARILY FOR SALE BY DELIVERY DIRECTLY  INTO  THE  ORDINARY  FUEL  TANK
CONNECTED WITH THE ENGINE OF A MOTOR VEHICLE TO BE CONSUMED IN THE OPER-
ATION  OF  SUCH MOTOR VEHICLE OR WHERE SUCH FUEL IS STORED PRIMARILY FOR
SALE BY DELIVERY DIRECTLY INTO THE ORDINARY FUEL TANK CONNECTED WITH THE
ENGINE OF A VESSEL TO BE CONSUMED IN THE OPERATION OF SUCH VESSEL.
  (B) "DIESEL MOTOR FUEL" SHALL HAVE THE SAME MEANING AS THE TERM  HIGH-
WAY  DIESEL  MOTOR  FUEL AS DEFINED IN SECTION TWO HUNDRED EIGHTY-TWO OF
THIS CHAPTER.
  (C) "FILLING STATION" SHALL MEAN ANY PREMISES WHEREON THE RETAIL  SALE
OF MOTOR FUELS IS CONDUCTED AS THE PRINCIPAL BUSINESS.
  (D) "MOTOR FUEL" SHALL HAVE THE SAME MEANING AS IN SECTION TWO HUNDRED
EIGHTY-TWO OF THIS CHAPTER.

A. 3870                             3

  (3)  AMOUNT  OF  CREDIT.  THE AMOUNT OF CREDIT SHALL EQUAL THE COST TO
PURCHASE AND INSTALL  AN  EMERGENCY  ELECTRIC  GENERATOR  AT  A  FILLING
STATION  LOCATED  IN  THIS  STATE  LESS ANY AMOUNTS FOR SUCH PURCHASE OR
INSTALLATION THAT WERE DEDUCTED BY THE TAXPAYER FOR FEDERAL PURPOSES, OR
FIFTEEN THOUSAND DOLLARS, WHICHEVER IS LESSER.
  (4)  APPLICATION  OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF  TAX  TO  BE
CREDITED  OR  REFUNDED  IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO  INTEREST
SHALL BE PAID THEREON.
  S  4.  This  act  shall take effect immediately and shall apply to all
taxable years beginning on and after January 1, 2013.